Baker v. Workers' Compensation Appeals Board

Opinion

BAXTER, J.

In this case we construe Labor Code 1 section 4659, subdivision (c) (section 4659(c), or subdivision (c)), which provides for the annual indexing of two categories of workers’ compensation benefits—total permanent disability and life pension payments—to yearly increases in the state’s average weekly wage (SAWW), so that lifetime disability payments made to the most seriously injured workers will keep pace with inflation. The indexing procedure is sometimes referred to as an “escalator,” or one providing for “cost of living adjustments” (COLA’s).

Permanent disability and life…